TERMS AND CONDITIONS OF SALE
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/orServices from the Supplier;
1.2 "Consumer" shall have the meaning as described in section 12 of the Unfair Contract Terms Act1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means Josiah's Menswear owns and operates josiahs.co.uk;
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means josiahs.co.uk.
Josiah's
32 High Street
Market Harborough
Leicestershire
LE16 7NL
Tel 01858 466545
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.v2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3 ORDERING
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier.
3.2 Once an order has been dispatched by the supplier and received by the Buyer, it will be deemed as accepted by the supplier, at no point in the order process will acceptance of an order have taken place until delivery has occurred.
3.3 Any Correspondence from the supplier in relation to an order are not to be treated as acceptance of an order, all communications in relation to an order are part of the offer process and acceptance will only take place as per 3.2The Supplier may choose not to accept an order for any reason.
3.4 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT. Where applicable, the price excludes delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is aConsumer.
5 RIGHTS OF SUPPLIER
5.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time without notice.
5.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
6 DELIVERY
6.1 Goods supplied within the UK will normally be delivered Next working day after acceptance of the order.
6.2 Delivery charges are as follows.
ALL orders to the UK with exception to the list below will be charged at £3.50
*All locations below are charged at £16.50
Ireland
Scottish highlands
Isle of Man
Channel Isles
Isle of Wight
Shetland & Orkney
Scilly Isles
Working days are Monday-Friday 9.00am - 5.00pm our couriers require a signature for all deliveries.
If you are unsure please call us on Tel 01858 466545.
6.3 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.5 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
6.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
6.7 If the Buyer Indicates that a delivery is left with anyone or at any place other than directly with the Card Holder then the buyer accepts all risk of loss and title of goods will pass to the buyer once items have left our care.
7 CANCELLATION AND RETURN
7.1 Refunds/exchanges on swimwear/underwear, hats and jewellery will only be offered if they are still in their original packaging and for hygiene reasons have not been used, unless they are faulty.
7.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier in writing within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
7.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
7.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a full refund including, outbound delivery charges, by informing the Supplier within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer. Return Postage is at the cost of the consumer
7.5 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
7.6 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
7.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
8 LIMITATION OF LIABILITY
8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/orServices and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
9 WAIVERNo waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
11 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms andConditions had been agreed with the invalid illegal or unenforceable provision eliminated.
12 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales.
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